H.B. No. 1769
  relating to requirements for assisted living facility license
         SECTION 1.  Section 247.022, Health and Safety Code, is
  amended by adding Subsections (d), (e), and (f) to read as follows:
         (d)  An assisted living facility license applicant in good
  standing may request an initial license that does not require an
  on-site health inspection. The department may not require the
  applicant to admit a resident to the facility before the department
  issues the license. The department shall require the license
  applicant to submit for approval policies and procedures,
  verification of employee background checks, and employee
         (e)  The department shall conduct a survey of a facility
  issued an initial license under Subsection (d) not later than the
  90th day after the date on which the department issues the license
  to the facility. Until the department conducts the survey, the
  facility shall disclose to all residents and prospective residents
  that the department has not yet conducted the survey required by
  this subsection.
         (f)  For purposes of this section, a license applicant is in
  "good standing" if:
               (1)  the license applicant, or the controlling person
  of the license applicant if the license applicant is a newly formed
  business entity, has operated or been the controlling person of an
  assisted living facility in this state for six consecutive years;
               (2)  each assisted living facility operated by the
  license applicant, or operated or controlled by a controlling
  person of the license applicant if the license applicant is a newly
  formed business entity:
                     (A)  has not had a violation that resulted in
  actual harm to a resident or that posed an immediate threat of harm
  causing, or likely to cause, serious injury, impairment, or death
  of a resident; and
                     (B)  in the six years preceding the date on which
  the license applicant submits the application, has not had a
  sanction imposed by the department against the facility, including:
                           (i)  the imposition of a civil or
  administrative penalty or an injunction;
                           (ii)  the denial, suspension, or revocation
  of a license; or
                           (iii)  an emergency closure.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt the rules necessary to implement
  the change in law made by this Act.
         SECTION 3.  This Act takes effect September 1, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1769 was passed by the House on April
  17, 2015, by the following vote:  Yeas 140, Nays 0, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1769 was passed by the Senate on May
  12, 2015, by the following vote:  Yeas 30, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________